The Tribune Democrat, Johnstown, PA

November 26, 2012

Authorities investigate Hornerstown shooting

Sandra K Reabuck
sreabuck@tribdem.com

JOHNSTOWN — Johnstown police were continuing to investigate Monday a shooting in which a man was wounded in a second-floor apartment in Johnstown’s upper Hornerstown section.

District Attorney Kelly Callihan said that it was too early in the investigation to determine whether the use of deadly force by the apartment occupant was justified, but the occupant told investigators he had returned home Saturday afternoon and found an intruder inside the apartment.

The shooting took place at 2:45 p.m. in a building in which a flooring business once operated at the top of Fronheiser Street at Bedford Street near the Dale Borough line.

The victim was taken to Memorial Medical Center, where he was still hospitalized Monday. Details about his wound and condition were not available.

Callihan said that city police had not yet interviewed the wounded man about what had happened.

Until further details are learned, Callihan said that authorities would not release the name of the shooter nor the wounded man. The state’s Castle Doctrine – which outlines circumstances when a homeowner or occupant can use deadly force – could come into play, she said.

In May 2009, former District Attorney Patrick Kiniry, now a county judge, ruled that a Johnstown man was justified in a fatal shooting of a man who had attempted to break into a third-floor apartment in the city’s West End, reportedly to rob the occupant of money and drugs.

Kiniry said the investigation revealed that Andrew Herdman shot to protect his property, himself and a teenage girl there with him at the time.

Herdman later was prosecuted on drug trafficking charges.